Can court order wife under dv to stay in husband's house?

@Author

 

Under DV Act, if the judge is convinced that the wife was thrown out of the matrimonial home without reasonable cause or without any of her fault, then judge shall order to provide her right of residence. This is the very nature of domestic violence. An erring husband cannot be given liberty to throw away his wife and reject her readmission to the matrimonial home.

 

However, if she fails to prove her allegations in the trial court, then you need not worry. Better try to put your proofs at work in this trial court.

 

Additionally, I am surprised as to how one case is allowed at Ghaziabad under 498a (which deals with Cruelty) and other under DV Act at Kanpur (which again deals with cruelty/violence). Either the cases would have been filed at Ghaziabad or at Kanpur. Is it the case where you and your wife lived at Ghaziabad or Kanpur along with your family for considerable period? As I remember, there is a Supreme Court judgment which says that to file a case under DV Act, the complainant has to show that sh lived in domestic relationship for more than 6months.

 

All the best!

 

//peace

/Saurabh..V

Hi Saurabh Can you please share that judgement I was living in Gurgaon with this woman We shifted to Gurgaon after few days of marriage Plz share that supreme court judgement I have never lived with her in kanpur. Since marriage took place there that's why she is demanding money

@saurabh

Additionally, I am surprised as to how one case is allowed at Ghaziabad under 498a (which deals with Cruelty) and other under DV Act at Kanpur (which again deals with cruelty/violence).

Saurabh at one hand wife files for cruelty u/s 498a and under DV she again pleads for residence order. Is it not obsurd. how it is acceptable?

Either the cases would have been filed at Ghaziabad or at Kanpur. Is it the case where you and your wife lived at Ghaziabad or Kanpur along with your family for considerable period? 

If she lived with husband and now husband has to live with parents because He doesnt have his own house and nor job to pay for residence order . what is the likely judgement in this case.

As I remember, there is a Supreme Court judgment which says that to file a case under DV Act, the complainant has to show that she lived in domestic relationship for more than 6months.

Is this true. I  heard from a lawyer saying even if she stayed with husband 1 hour she can file DV case on him. 

@saurabh

Additionally, I am surprised as to how one case is allowed at Ghaziabad under 498a (which deals with Cruelty) and other under DV Act at Kanpur (which again deals with cruelty/violence).

Saurabh at one hand wife files for cruelty u/s 498a and under DV she again pleads for residence order. Is it not obsurd. how it is acceptable?

Either the cases would have been filed at Ghaziabad or at Kanpur. Is it the case where you and your wife lived at Ghaziabad or Kanpur along with your family for considerable period? 

If she lived with husband and now husband has to live with parents because He doesnt have his own house and nor job to pay for residence order . what is the likely judgement in this case.

As I remember, there is a Supreme Court judgment which says that to file a case under DV Act, the complainant has to show that she lived in domestic relationship for more than 6months.

Is this true. I  heard from a lawyer saying even if she stayed with husband 1 hour she can file DV case on him. 

Dear Querist/Saurabh

I also need t

27. Jurisdiction.-

(2) Any order made under this Act shall be enforceable throughout India.his judgment, because as per section 27 of DV Act.

@ Saurabh..sir please can u post the judgement  coz my lawyer says that the duration of stay is not the criteria but the matrimonial tie gives the right to wife to file dv?

I have not come across any such judgement and I doubt any such judgement is there. It would have been a rage on the net if it were so.

 

Also, if Kanpur was not your shared household, she can not get Right of Residence at that place. Additionally, if worst comes to worst, you can offer the alternative residence or pay rent for the same. There are judgments in this regard.

 

Also, judgments can be used only at the stage of arguments, while people try to look for relevant judgements, they tend to loose sight on the facts of the case, which can be the grossest mistake one may make.

 

 

Regards,